Action brought on 27 January 2014 – BMV Mineralöl Versorgungsgesellschaft v OHIM – Delek Europe (GO)

(Case T-60/14)

Language of the case: German

Parties

Applicant: BMV Mineralöl Versorgungsgesellschaft mbH (Berlin, Germany) (represented by: M. Von Fuchs and I. Czernik, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal: Delek Europe BV (Breda, Netherlands)

Form of order sought

The applicant claims that the Court should:

annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 22 November 2013 in Case R 382/2013-4;

order the intervener to pay the costs of the proceedings, including those incurred during the appeal proceedings;

in the alternative, if the intervener does not declare its participation in the proceedings, order the Office for Harmonisation in the Internal Market (Trade Marks and Designs) to pay the costs of the proceedings, including those incurred during the appeal proceedings.

Pleas in law and main arguments

Applicant for a Community trade mark: Delek Europe BV

Community trade mark concerned: Figurative mark, containing the word element ‘GO’, for goods and services in Classes 9, 35 and 36 (Community trade mark application No 9 995 201)

Proprietor of the mark or sign cited in the opposition proceedings: Applicant

Mark or sign cited in opposition: Figurative mark, containing the word element ‘GO’, for goods and services in Classes 4, 19, 35, 39 and 42

Decision of the Opposition Division: Opposition partially dismissed

Decision of the Board of Appeal: Appeal dismissed

Pleas in law: Infringement of Article 8(1)(b) of Regulation No 207/2009